Kim Adams v. County of Kern et al

Filing 36

STIPULATION and ORDER 35 to Modify Schedule, signed by Magistrate Judge Jennifer L. Thurston on 4/23/2019. Discovery Deadlines: Non-expert 7/3/2019; Expert 9/9/2019. Non-Dispositive Motion Deadlines: Filed by 9/23/2019; Hearing by 10/21/2019. Dispositive Motion Deadlines: Filed by 11/4/2019; Hearing by 12/16/2019. Pretrial Conference CONTINUED to 2/3/2020 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 3/30/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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GERAGOS & GERAGOS
A PROFESSIONAL CORPORATION
LAWYERS
HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Telephone [phone]
Facsimile [phone]
[e-mail]

BEN J. MEISELAS
SBN 277412
NOAH GELDBERG
SBN 311722
Attorneys for Plaintiff KIM ADAMS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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KIM ADAMS, an individual;
Plaintiff,
vs.
COUNTY OF KERN;
KERN COUNTY PROBATION
DEPARTMENT;
DAVID M. KUGE, an individual;
REYES SOBERON, JR., an individual;
and
DOES 1 through 50, inclusive

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Case No.: 1:17-cv-00464 JLT

JOINT STIPULATION
TO EXTEND DATES AND
DEADLINES; [PROPOSED] ORDER
LOCATION: Federal Courthouse
510 19th Street
Suite 200
Bakersfield, CA 93301

Complaint filed: March 31, 2017
Trial Date:
January 27, 2020
Defendants.

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TO THE HONORABLE COURT, ALL PARTIES, AND THEIR
ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff KIM ADAMS, an individual, and
Defendants COUNTY OF KERN; KERN COUNTY PROBATION DEPARTMENT;
DAVID M. KUGE, an individual; REYES SOBERON, JR., an individual; and DOES
1 through 50 (hereafter collectively the “parties”), by and through their counsel of
record, hereby stipulate and agree as follows:
-1JOINT STIPULATION TO EXTEND DATES AND DEADLINES

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WHEREAS the parties entered a previous Joint Stipulation to Extend Dates and
Deadlines that was approved by the Court on September 13, 2018.
WHEREAS Plaintiff’s son subsequently sustained serious gunshot wounds on
February 11, 2019;
WHEREAS Plaintiff’s son is currently hospitalized in critical condition and
Plaintiff must attend to his medical care under these dire circumstances;

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WHEREAS Plaintiff’s obligations to her son have limited her availability and

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rendered her unable to sit for deposition and submit to other discovery requests, such as

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a mental health examination pursuant to Rule 35, until late May 2019;

GERAGOS & GERAGOS, APC

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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WHEREAS the parties have diligently pursued discovery in this matter, having
produced documents and scheduled depositions of all defense witnesses;

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WHEREAS on March 13, 2019, the remittitur in Plaintiff’s appeal of her state

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case in the California Court of Appeal, Fifth Appellate District (Case No. F075266) was

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issued affirming the trial court’s order denying Adams’s petition for relief from the

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claim presentation requirements. Defendants, not knowing what state law claims

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Plaintiff would amend to include in this action had Plaintiff prevailed, were reluctant to

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take Plaintiff’s deposition prior to the resolution of the appeal;

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WHEREAS the parties have agreed to extend the dates and deadlines in this

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matter as outlined below:

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Event/Deadline

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Non-Expert Discovery

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Expert Witness

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Designation

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Rebuttal Witness

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Designation

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Expert Discovery

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Stipulated New Date

Deadline

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Existing Date

Deadline

May 3, 2019

July 3, 2019

May 17, 2019

July 17, 2019

June 14, 2019

August 14, 2019

July 8, 2019

September 9, 2019
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JOINT STIPULATION TO EXTEND DATES AND DEADLINES

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Non-Dispositive Motion July 22, 2019

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Deadline (Filing)

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Non-Dispositive Motion August 19, 2019

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Deadline (Hearing)

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Dispositive Motion

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Deadline (Filing)

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Dispositive Motion

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Deadline (Hearing)

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Final Pre-Trial

HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

October 21, 2019

October 15, 2019

December 16, 2019

December 2, 2019

Trial

November 4, 2019

February 3, 2020

March 30, 2020

Conference

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September 3, 2019

January 27, 2020

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GERAGOS & GERAGOS, APC

September 23, 2019

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WHEREAS, the parties agree that there is good cause for these stipulated changes
in dates and deadlines.
THEREFORE, the parties hereby stipulate to the changes in all dates and
deadlines as outlined above.

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IT IS SO STIPULATED.

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DATED: April 19, 2019

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GERAGOS & GERAGOS, APC
By: /s/Ben Meiselas
BEN J. MEISELAS
NOAH GELDBERG
Attorneys for Plaintiff
KIM ADAMS

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DATED: April 19, 2019

WEAKLEY & ARENDT
A PROFESSIONAL CORPORATION
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JOINT STIPULATION TO EXTEND DATES AND DEADLINES

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By: /s/James D. Weakley
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant, Reyes Soberon,
Jr.

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DATED: April 19, 2019

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By: /s/Marshall S. Fontes
Marshall S. Fontes, Deputy County
Counsel
Attorneys for Defendants County of
Kern, Kern County Probation
Department, and David M. Kuge

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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411

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GERAGOS & GERAGOS, APC

MARGO RAISON,
KERN COUNTY COUNSEL

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[PROPOSED] ORDER

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IT IS SO ORDERED.
Dated:

April 23, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-4JOINT STIPULATION TO EXTEND DATES AND DEADLINES